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IT etiquette and divorce

IT etiquette and divorce may surprise some but a recent BBC website story yesterday outraged that failure to communicate should be reason to divorce is wide of the mark according to Cheshire family law solicitors Stonehewer Moss. The article is about a divorce case in Taiwan in which the wife particularises the lack of reply to her text messages by her husband as enough to justify a divorce. While the BBC seem surprised, a seasoned divorce solicitor in England would immediately recognise the remarks by the judge about communication being essential in marriage and the lack of it reason to dissolve the contract. The divorce solicitor at Stonehewer Moss has dealt with the issue for over quarter of a century, in which time IT and texts have arrived but they are a function of marital discord rather than necessarily being a cause of more divorces. Silent treatment has always been a tool in the armoury of the no longer enamoured, so the new formats for messaging are just another way not to communicate; ergo decree nisi sub absolute. Belittling your not so beloved is another classic divorce petition feature, but their lies another blog about social media ill usage. The BBC article is here

If you think your life partner now parted spouse is being unfair in the divorce petition, there is a recent case that might aid you to defend your honour. Owens v Owens 2017 is making its` not so merry way through the Court system as Mrs O wants to divorce her elderly husband but he insists they have another thirty years shared experiences left in them; the court up to the Court of Appeal agree with him, probably because the petition is ill judged or drafted, yet on it is progressing to the Supreme Court.It is unlikely to get anywhere in the humble opinion of the writer as the lower courts have clearly pointed out the statute that applies from 1973 requires proof of irretrievable breakdown of the marriage referable to one of the 5 factors that can be relied upon; behaviour in this case. The courts apply statute until Parliament changes the law. A Respondent could therefore test the strength of the accusations made but often best advice is to accept the fact. That said current high value cases are being reported in which it is clear that Owens is being relied upon as a tactic.

 IT etiquette and divorce starts with lawyers not seeking to offend. Law Society guidance and Resolution encourage constructive approaches to parting and it could save time, expense and stress if you choose an honest broker as your lawyer who does not face the antagonism you or a perceived Rottweiler may, to explore settlement out of the court arena. For advice negotiation and representation in divorce throughout Cheshire please call 01606 872200 or e mail visit no obligation first meetings available Sat nav post code CW8 4DP


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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

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